Davis Brown Immigration Law Blog

Iowa Immigration Law Blog: DACA Renewal Announced - June 9, 2014

On June 5, 2014, USCIS announced the process for individuals to renew enrollment in the DACA (Deferred Action for Childhood Arrivals) program.

The DACA program is for individuals who:

Were under the age of 31 as of June 15, 2012;

Came to the United States before reaching their 16th birthday;

Have continuously resided in the United States since June 15, 2007, up to the present time;

Were physically present in the United States on June 15, 2012, and at the time of making their request for DACA with USCIS;

Entered without inspection before June 15, 2012, or their lawful immigration status expired as of June 15, 2012;

Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a General Education Development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and;

Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Individuals previously enrolled in DACA are now able to renew their status for a period of two years. The renewal fee is $465.00. The DACA renewal process has a revised Form I-821D “Consideration of Deferred Action for Childhood Arrivals,” that must be completed in addition to Form I-765, “Application for Employment Authorization”, and the I-765 Worksheet. USCIS will also continue to accept requests for DACA from individuals who have not previously been granted DACA.

The first DACA approvals will begin to expire in September 2014. For individuals seeking to renew DACA for an additional two years, it is important to timely renew the DACA request to ensure that there is no lapse in status. To avoid a lapse in DACA and employment authorization, current DACA holders must file renewal requests before the expiration of their current period of DACA. USCIS is encouraging requestors to submit their renewal request approximately 120 days (four months) before their current period of deferred action expires. USCIS will deny application sumibitted more than 150 days prior to the expiration of the current grant period.

Individuals may request DACA renewal if they continue to meet the initial criteria and these additional guidelines:

The individual did not depart the United States on or after August 15, 2012, without advance parole;

The individual has continuously resided in the United States since they submitted their most recent DACA request that was approved; and

The individual has not been convicted of a felony, a significant misdemeanor or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.